Merchant Shipping Code of Ukraine (Edition of July 04, 2013)

SECTION III. Crew of a Vessel.

Chapter 1. General Rules.

Clause 48. Legal Position of Vessel's Crew.

A legal position of the crew of a vessel flying the State Flag of Ukraine as well as the relations between crew members engaged in vessel's operation, between crew members and the shipowner, shall be determined by legislation of Ukraine in force.

The relations determined by the first part of this Clause, arising on board the vessel sailing in territorial sea or inland waters of Ukraine and flying a foreign flag, shall be governed by the legislation of the flag state, in accordance with terms of agreements between the shipowner and crew members, unless otherwise is stated by an international treaty to which Ukraine is a party.

Clause 49. Crew Complement.

The crew of a vessel shall consist of the Master, other officers and crew (members).

The officers of a vessel other than the Master, shall include: Master's mates, engineers, electrical engineers, radio officers, ship's doctor and boatswain. The shipowner may include other marine specialists in the complement of officers.

Ship's crew consists of persons performing their duties on board and not included in the complement of officers.

Clause 50. Minimum Crew Complement.

Vessels shall be allowed to sail to sea if they have a minimum complement of crew established by the Ministry of Transport/Ministry of Fisheries and Fishing of Ukraine, depending upon a type, sailing range and designation of a vessel in compliance with Ukrainian legislation in force.

Clause 51. Qualification of Crew Members.

The positions of the Master and other officers shall be filled by persons possessing corresponding ranks, as determined by the Statute on ranks of officers of sea-going vessels and procedure of conferring thereof which shall be approved by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

Conferring the ranks shall be evidenced by issuing a diploma or qualification certificate after successfully passing examination with a State qualification commission.

Withdrawal of rank or diploma shall be allowed only on decision of the Court.

The position of officers that do not require conferring the rank or crew members may be filled by persons who have authorized documents issued in compliance with established procedure, which certify their qualification, sufficient for performing their duties on board a vessel.

Clause 52. Requirements on the Health of Crew Members.

The person found fit shall be allowed to work on board the vessel. The conclusions of a professional fitness shall be made by an authorized establishment in compliance with the rules established by said Ministry.

Clause 53. Citizenship of Crew Members.

Crew members of the vessel entered in the State Registry or State Book of Vessels of Ukraine may be citizens of any state. The Master of the vessel shall be a citizen of Ukraine only.

Clause 54. Work Relations on Board a Vessel.

A procedure of crew members' enrollment, their rights and obligations on board a vessel, the wages and living conditions on board a vessel, the wages and living conditions while at sea and in port as well as sufficient grounds for and procedure of relief (dismissal) shall be in accordance with Ukrainian legislation in force, this Code, bodies on enforcement of Marine Regularities on board merchant and fishing vessels, general and industry tariff agreements, collective and work agreements/contracts.

Service Regulations for sea-going vessels shall be approved by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

Service Regulations for fishing vessels shall be approved by the Ministry of Fisheries and Fishing of Ukraine.

Clause 55. Repatriation of Crew Members.

Repatriation at the expense of a shipowner shall be effected in the following instances:

  • relief initiated by a shipowner or the body entrusted by him to that effect;
  • disease and injury;
  • loss of a vessel;
  • inability of a shipowner to fulfill his obligations stipulated by Ukrainian legislation in force or an agreement (contract) concerned.

A shipowner shall repatriate a crew member to the port indicated in the contract or collective agreement and, if such an indication is absent, to the port of enrollment. A shipowner is liable for organization and cost of repatriation to the amount of travelling expenses (by plane, as a rule), accommodation and food allowance, wages and assistance in carriage of baggage in the quantity stipulated by the agreement (contract), and medical treatment (until a crew member becomes transportable).

If a shipowner is not able to arrange repatriation and pay the expenses, these obligations shall be taken up by the bodies entrusted by the Government of Ukraine to this effect, the expenses incurred to be subsequently recovered from the shipowner by an accept-free order.

Clause 56. Property and Personal Belongings of Crew Members.

A crew member shall have the right to carry on board the vessel his property.

In case of loss of or damage to said property as a result of marine average, the shipowner shall reimburse the losses inflicted, taking as a basis the current prices for a property of the same kind and quality.

The cost of property belonging to crew members guilty of causing said average shall not be reimbursed.

Carriage on board a vessel the property not intended for personal use without shipowner's consent shall not be allowed. Crew members carrying said property shall reimburse the losses incurred to the shipowner.

Clause 57. Obligations of Shipowner.

A shipowner, in compliance with the rules approved by the Ministry of Transport/Ministry of Fisheries and Fishing of Ukraine shall provide:

  1. safe working conditions on board a vessel;
  2. health care of crew and safety of vessel's equipment required for the purpose;
  3. food and water supply in sufficient quantity and of adequate quality;
  4. adequate vessel's accommodations.

Minimal standards and norms provided for by merchant vessel's owners shall not be below those determined by international treaties to which Ukraine is a party.